Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-03-30
THE SENATORIAL QUESTION.


Can the Legislature of THIS state Properly
Eject "a United states senator at Ids APP
prOaching Session?
Communicated
The Constitution of the United States
Article |, Section ILL.,, Subdivision ,,
among other things provides Us follows
that Senators Of the United States shall bt
divided into three classes, so that one,
third may be chosen every second year; and
if vacancies happen by resignation or other
wise, during the recess of the Legislature
of any State, the Executive thereof may
make temporary appointments until the
next meeting Of the Legislature, which
shall then fill such vacancy"
1t will be observed that the COnstitu-
ton does not say 1.-THE next regular Teet'
ing of the Legislature but "the next
meeting of the Legislature" and it is
wholly immaterial how the Legislature
comes together, whether at the regular
time OF meeting prescribed by the Consti-
tuition and laws of the State or upon the
demand of the requisite number of mem
beers OF the Legislature compelling the
Governor to call it together, or upon the
proclamation OF the Governor converting
it. 1t is a meeting of the Legislature, all
the same, and it is made the imperative
duty of the Legislature at such meeting
TO fill any vacancy in the office of United
States Senator which may exist at the
time OF their meeting, and the members
will disregard their oath OF Office if they
tail to discharge this constitutional duty.
Waving for the present the question OF
the power of the Governor to appoint 4
Senator in q case where the term of the
former Senator had expired during
the recess of the Legislature, the Gov
ernor could only make tempo
nary appointment, which will expire
at the next meeting of the Legislature and
with the expiration of the term OF Mr..
Lucas under that appointment, the Gov
ernOr's power of appointment will be at an
end as the vacancy then created will not
happen during the recess Of the Legisla'
ture.n
The act of Congress, in reference to this
same subject, Rev. Statutes, L. s., p. ),
Sections Is and II, provides rs follows:
10. Whenever at = meeting Of the Legs
lature of any State vacancy exists IN the
representation of such State in the Senate,
the LEGISLATURE shall proceed, on the sec
ond Tuesday after meeting and organlza-
ton, to elect a person To till such vacancy,
in the manner prescribed IN the preceding
section for the election Of Senator for
full term" az. When during the SEES
sion of the Legislature of any State va
rancy occurs in the representation OF such
State in the Senate, similar proceedings to
FIJI such vacancy shall be had on the second
Tuesday after the Legislature has organ
lied and has notice of such vacancy"
No one. not even the Governor, would
dispute that our Legislature would not
ONLY have the power hut that 1t was Their
imperative duty to elect a Senator at thelI
au6roaching meeting, but for supposed
conflict between the Constitution and laws
of the United States, and the Constitution
of West Virginia which provides as FOL
lows: 1.-THE Governor may, on eXtraordi
nary occasions convene, at his own IN
stance the Legislature; but when so con-
venpd il shall enter upon no business eN'
cent that stated in the proclamation by
which il was called together"
n il he conceded, which it is not, that
there is a conflict between the provisions
of our Constitution and the Constitution
and laws of the United States, in reference
IN the election Of Senator Of the United
States, then the only question IS when OF
them il 1.-THE supreme law OF the land
and this qaestion is OF easy solution. DEC,
ton . of Article 6 of the Constitution oil
the United States provides as follows:
cribs Constitution and the laws OF the
limited States, which shall he made IN pur-
S,,a,cs thereof shall be the su-
IRENE law ofthe land; and the judges In
avery State shall be bound thereby, any
tbing in the Constitution or laws OF any
State IN the contrary notwithstanding.
And the third section of said article pro-
tides 'sthe members Of the several state
LEGISLATURES, and all executive and Juclclal
nfIiears both of the United States and oil
the several States, shall be bound by oatn
or affirmation TO support this Consutu-
zion - There was q time in the history oil
tb;s country when a large portion oil our
TaonIe held different doctrine and mann
fs;ned that the foremost allegiance OF
c;tizen was due to his State and with the
coTirage of their convictions they took Their
lives in their hands AMI submitted tn5
nnestiop to the arbitrament OF the sword
Rnt there Is not in fact any such CONNECT
The plain and obvious intent and mean
ing Of this provision of our Constitution IS 5
that the Legislature, at n session convened
nv the proclamation Of the Governor
stating - the purposes for which it is con-
vened shall not enter upon any business,
otber than that stated in the proclamation
Tbicb comes within the powers conferred
nnon.it by the Constitution OF the staIe;
and il is not to belpresumed, OF tnougnI
If that the trainers of the Constitution o.
Is79 after the experience OF most OF tnen u,
in This direction, intended to again aSsef'
tbe doctrine of State supremacy. -.
The Legislature of this State derives IL
rcwer to elect a Senator OF the Oniteu